Jason Giambi leave the Phillip Burton Federal Building in San Francisco

Bonds Trial Update: The Brothers Giambi

7 Comments

Yesterday’s installment of the Barry Bonds trial didn’t provide the salacious highs of Monday’s Kimberly Bell testimony, but it made up for it with a varied menu of witnesses.  Most notably Jason and Jeremy Giambi, but let’s take this all in order, shall we?

First up was a man named Barry Sample, an expert in drug testing. Which involves … giving samples. Hmm. Maybe someone is putting us on here, because that name is too on-the-nose.  His testimony sounded legit, however. He explained why it’s so hard to use a Whizzinator and stuff like that.  For the record, he also testified that Bonds’ 2003 sample — which was part of baseball’s pilot drug testing program — came up negative for drugs at first, though a second test of the sample came back positive. Anyone feel better about the veracity of the leaked name from that famous list yet?

Next up was a man named Dale Kennedy, who is in the business of collecting urine samples from Major League Baseball players. I bet he’s great at parties. His testimony seemed pretty irrelevant. He wasn’t even cross-examined.

After Kennedy’s testimony came the hubub about whether Kimberly Bell changed her testicle testimony since 2003. I discussed this in detail yesterday. Upshot: this could be a bad thing for the prosecution.  If the jury is instructed to ignore her testimony about Barry’s berries, her credibility may be irreparably damaged and if that happens, the only person who has testified that Bonds knew he had taken steroids prior to his grand jury testimony may be discredited.  For now the judge is taking no action on the matter. If that doesn’t change, no harm, no foul for the prosecution.

The most interesting testimony of the day came from former Giants trainer and current Dodgers trainer Stan Conte. Conte is one of the most respected trainers in the game, but he was thrust into steroids-in-baseball fame when the Mitchell Report came out. There we learned how Brian Sabean was content to throw him under the bus when it came to Barry Bonds and Greg Anderson.

Specifically, in 2000, Conte went to Sabean to complain about known drug dealers like Greg Anderson hanging out in the locker room. Conte asked Sabean if it were OK to kick Greg Anderson out of the locker room. Sabean didn’t object. But then Conte, no idiot, asked Sabean if he’d have Conte’s back if Barry Bonds got angry about it and tried to have him fired. According to the Mitchell Report — and revisited in Conte’s testimony yesterday — Sabean told Conte that he was on his own if that happened. You don’t have to be genius to see that Sabean’s baloney in this regard set up Conte as a potential scapegoat in the event someone ever raised a ruckus about the Giants’ tolerance of Anderson, Bonds and steroids (“I told the trainer to do what was necessary. If he didn’t . . . “).  It certainly makes Conte a sympathetic figure and bolsters his integrity when it comes to steroids in baseball.

Beyond that, Conte’s testimony focused on his disapproval of steroids, Bonds’ unique training regimen and how, over time, he and Bonds had a falling out over Bonds’ training and rehab.  It seemed like the prosecution wanted to use this friction as a means of showing that Bonds was a rogue and to imply that Bonds had something to hide from his trainer. The defense, in contrast, seemed to be arguing that Conte’s personal tiff with Bonds makes him a biased witness. Indeed, the defense seems to be doing that with everyone.  Personally, it doesn’t sound like either side can claim the Conte testimony as a big win. It was factual and straightforward, but there was no mention of Conte being aware of Bonds’ steroids use, let alone Bonds admitting that he was aware of it, and thus I can’t see how the jury can use it to reach any conclusions about whether Bonds lied under oath.

Finally came a trio of ballplayers: Jason Giambi, Jeremy Giambi and Marvin Bernard. All three of them testified to receiving steroids from Greg Anderson (though all also testified that they had been taking steroids before meeting Anderson too).  All of them testified that they more or less knew that what they were receiving was steroids or at least steroids-like substances that were designed to be undetectable performance enhancing drugs such as The Cream and the Clear.  None of them testified about Barry Bonds at all.

The point of the player testimony: to show the jury a pattern of ballplayers knowingly receiving steroids from Greg Anderson and hoping that they conclude that Barry Bonds had to have known too.  This could be effective if the ballplayers themselves came across as having a clear idea of what they were taking.  Based on secondhand accounts of the testimony this was hit-and-miss yesterday, with the Giambis and Bernard voicing varying degrees of certainty about it all, what the drugs were intended to do, and whether they felt the drugs actually, you know, worked.

It strikes me that the player testimony could provide corroborating and/or supporting evidence if the jury is inclined to believe that Bonds lied, but it’s hard to see how it provides anything close to a smoking gun.  And it’s a smoking gun that the prosecution has been unable to come up with so far.

The Chicago Cubs dramatically jack up ticket prices

Wrigley Field
Getty Images
Leave a comment

The Cubs won the World Series. Now Cubs fans are going to pay through the nose for the privilege of going to games at Wrigley Field: The club has raised season ticket prices for 2017, on average, 19.5%. The rate increases range from 6% for upper deck seats to 31% for infield club seats.

As a result of the increase, the Chicago Tribune reports, a single infield box seat on the dugout for 81 games will cost $29,089.76, or $359 per game. The cheapest season ticket, for upper-deck outfield seats, is $2,139.20, or $26 per game. Those figures include tax, so it’s practically a bargain.

The Cubs cite “unprecedented demand” for tickets as the reason for the increase. That’s likely true. Cubs tickets are expensive even when they aren’t playing well due to the draw that is Wrigley Field. Indeed, for years, when the product on the field suffered, there was a sense that people would go to the ballpark just for the fun of it in ways that fans rarely if ever do for other teams. The Cubs attendance increased dramatically in 2016 and tickets often experienced an equally dramatic increase on the secondary ticket market. The Cubs would be wise to try to capture as much of that profit as they can rather than see it go to others.

Still, that’s gonna smart for people who can’t afford season tickets and who just want to go to a one-off game with the kids and exacerbates the longstanding trend of baseball tickets becoming luxury items for the well-off.

Minor League Baseball established a political action committee to fight paying players more

DURHAM, NC - JULY 28:  The Chicago White Sox play the Most Valuable Prospects during the championship game of the 2011 Breakthrough Series at the Durham Bulls Athletic Park on July 28, 2011 in Durham, North Carolina.  Most Valuable Prospects won 17-2 over the Chicago White Sox. (Photo by Sara D. Davis/Getty Images)
Sara D. Davis/Getty Images
6 Comments

Josh Norris of Baseball America reports that Minor League Baseball has established a political action committee to continue fighting against a lawsuit brought by a group of former minor league players seeking increased wages and back pay.

You may recall that, earlier this year, two members of Congress — Republican Brett Guthrie of Kentucky and Democrat Cheri Bustos of Illinois — introduced H.R. 5580 in the House of Representatives. Also known as the “Save America’s Pastime Act,” H.R. 5580 sought to change language in Section 13 of the Fair Labor Standards Act of 1938. In doing so, minor leaguers wouldn’t have been covered under a law that protects workers who are paid hourly. Minor League Baseball publicly endorsed the bill. Bustos withdrew her support after receiving widespread criticism.

The whole thing started when Sergio Miranda filed a lawsuit in 2014, accusing Major League Baseball teams of colluding to eliminate competition. The lawsuit challenged the reserve clause, which binds minor leaguers into contracts with their teams for seven years. That suit was dismissed in September 2015. However, another lawsuit was filed in October last year — known as Senne vs. the Office of the Commissioner of Baseball — alleging that minor leaguers were victims of violations of state and federal minimum wage laws. Senne et. al. suffered a setback this summer when U.S. Magistrate Judge Joseph Spero of the U.S. District Court in San Francisco dismissed class certification. That essentially meant that the players could not file a class-action lawsuit. As a result, the players’ legal team led by Garrett Broshuis amended their case to only include players who play in one league for an entire season. As Norris notes, that means that the included players’ experiences are uniform enough for inclusion in a class-action lawsuit.

So that’s why Minor League Baseball established a political action committee (PAC). A PAC, for the unfamiliar, is an organization created with the intent of raising money to defeat a particular candidate, legislation, or ballot initiative. In other words, they’re getting serious and want Capitol Hill’s help.

Minor League Baseball president Stan Brand said, “Because of procedurally what has happened in the Congress and the difficulties in getting legislation, we’ve got to adjust to that. We were lucky. We had the ability because of the depth of the relationships and involvement in the communities to not have to worry about that. And now we do, I think. The PAC . . . gives us another tool to re-enforce who we are and why we’re important.”

Norris mentions in his column that Phillies minor league outfielder Dylan Cozens received the Joe Baumann Award for leading the minors with 40 home runs. That came with an $8,000 prize. Cozens said that the prize was more than he made all season. The minor league regular season spanned from April 7 to September 5, about six months. Athletes aren’t paid in the other six months which includes offseason training and spring training. They are also not paid for participating in instructional leagues and the Arizona Fall League. Minor leaguers lack union representation, which is why their fight for fair pay has been such an uphill battle.